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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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Re: OMG I hate my company!
Posted by mrskparetta
im confused also, i get zero paid leave  but as by NYS law, my company must hold my job for 12 weeks (they would hold it longer should i choose to take longer) so... my plan was to
take my 4 weeks of paid vacation/sick and then take the 12 weeks unpaid .. do the 4 weeks count as part of the NYS 12?
I thought I would be able to do this as well, but it's not the way it works, (at least for me). You get 12 weeks, period. The 4 weeks vacation would just be so that I would be able to get paid during those 12 weeks but not for any ADDITIONAL time, KWIM?
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Posted 11/4/09 10:55 AM  |
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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
Name:
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Re: OMG I hate my company!
Posted by Aries14
Posted by queensgal
Crashing here, but I work in HR....
this seems suspect to me. Do they treat all disabilities this way? I.E. If you broke your leg and were out for 6 weeks, would the same policy apply?
It is illegal to treat a pregnancy disability differently than a medical illness/injury.
Basically they are denying you disability payments. I can see using the sick pay first - most companies have a waiting period before they consider you "disabled" (i.e. 5 days, which makes sense because if you have a cold and are out for 2 days, you aren't disabled).
I have NEVER heard of them making you use vacation before disability!
Usually they make you use up your vacation before you take unpaid leave.
I think you should just ask to meet with HR or your manager to clarify on this.
Then do some research, this just doesn't sound legal to me.
It's not that uncommon... my company makes us use all our time as well but that is also bc they pay 66% of our salary for the STD so I think they can do that.
Ok, so the thing is, you can take VACATION time and get paid STD. However, for SICK time, you are not entitled to also receive STD for those same dates, and that's when your company can request reimbursement.
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| Posted 11/4/09 12:14 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: OMG I hate my company!
Your company cannot require you to substitute your accrued paid leave for leave where you're entitled to receive disability benefits. However, once you are no longer disabled and no longer receiving benefits, your ability to substitute accrued paid leave for unpaid FMLA leave depends on your employer's policy.
You can always speak to someone at the Department of Labor if you have questions about FMLA. 
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| Posted 11/4/09 2:25 PM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: OMG I hate my company!
Posted by LoveyQ
Posted by mishka
like others said get some clarification and see if u can be put under the old policy (its worth a try!).
my company does NOTHING. i cant even carry over vacation days....so i have to use mine by the end of this year...and im only allowed to use what i actually accrued (which next yr will only be 3 by the time the baby comes).
They dont offer STD. We get unlimited sick days...but im not sure how that works in my situation.
If you work in NY, by law you are entitled to STD. It's not much at ALL, but it's 1/2 of your pay upto $170/week for 6 weeks if you have a vaginal birth or 8 weeks if you have a c/s. If you work in Jersey, the payments are much higher. Even if your company doesn't have a separate policy, you are entitled to the NYS STD.
just so you know this is NOT true. your company has to have a disability policy. mine doesn't - ALL i get is 12 weeks unpaid FMLA. and, as per company policy, i have to take ALL personal, sick, and vacation days during that 12 weeks. it stinks but that's their policy.
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| Posted 11/4/09 3:04 PM |
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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
Name:
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Re: OMG I hate my company!
Posted by headoverheels
Posted by LoveyQ
Posted by mishka
like others said get some clarification and see if u can be put under the old policy (its worth a try!).
my company does NOTHING. i cant even carry over vacation days....so i have to use mine by the end of this year...and im only allowed to use what i actually accrued (which next yr will only be 3 by the time the baby comes).
They dont offer STD. We get unlimited sick days...but im not sure how that works in my situation.
If you work in NY, by law you are entitled to STD. It's not much at ALL, but it's 1/2 of your pay upto $170/week for 6 weeks if you have a vaginal birth or 8 weeks if you have a c/s. If you work in Jersey, the payments are much higher. Even if your company doesn't have a separate policy, you are entitled to the NYS STD.
just so you know this is NOT true. your company has to have a disability policy. mine doesn't - ALL i get is 12 weeks unpaid FMLA. and, as per company policy, i have to take ALL personal, sick, and vacation days during that 12 weeks. it stinks but that's their policy.
LB, which part is not true? By law in NY you are entitled to STD through the state. Your employer is not required to have their own separate policy on top of that. Many do, but they're not required to. If you work in NY, for a company with over 50 employees, then you are also entitled to FMLA with 12 weeks unpaid, but you can still claim NY STD. It's each company's policy whether or not you HAVE to take all personal, sick, vacation time, although it seems that many if not most do require you to do so (such as my company does), but you can still file for STD through the state.
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| Posted 11/4/09 3:09 PM |
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shiv
Twinsanity!!
Member since 5/07 4747 total posts
Name:
Shiv
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Re: OMG I hate my company!
Posted by Xelindrya
I think I'd ask for clarification.
STD or short term disability is usually only paid after a waiting period has passed so who is going to pay you then?
If you broke your legs you'd be out for 7days then you'd be using your sick days first, then your vacation and if you were still out, you'd be on STD, right and they pay. So how would that differ from birth?
get clarification before you spend your vacation.
Unfortunately I have it right and it's a crappy policy. Here's how it works out- dr. only approves STD for 6 weeks from brith, so during that 6 weeks- I have to use vacation, sick and personal days. After those have been all used up the STD kicks in, but ONLY for the remainder of the 6 weeks. If I didn't take one day off from now till the birth- I would be using 27 days of personal time and get only 3 days of STD for a total of 30 days paid. That's it!
And after that, I will have ZERO sick or personal days for the rest of the year. If I get sick or need a day off- I don't get paid- they will dock my pay. I work for a major stock exchange, I just can't believe they can do this! It's so dissapointing, and so wrong- I'm being penalized for having a baby.
Also, it would be the same if someone was in an accident- they would have to use all their personal time before they get any STD payments. Except there's no time limit on accidents- it's when your doc approves you to return to work, so they could be out months and still be covered by STD. However, having a baby only is covered 6 weeks vaginal, 8 weeks c/s.
I'm meeting with HR later today to see if there is any way around this b/c it's complete BS!
ETA: my company does have a STD disability policy which is what I'm refering to- I'm not refering to NYS STD.
Message edited 11/4/2009 3:28:48 PM.
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| Posted 11/4/09 3:19 PM |
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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
Name:
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Re: OMG I hate my company!
Posted by shiv
Unfortunately I have it right and it's a crappy policy. Here's how it works out- dr. only approves STD for 6 weeks from brith, so during that sick weeks- I have to use vacation, sick and personal days. After those have been all used up the STD kicks in, but ONLY for the remainder of the 6 weeks. If I didn't take one day off from now till the birth- I would be using 27 days of personal time and get only 3 days of STD for a total of 30 days paid. That's it!
And after that, I will have ZERO sick or personal days for the rest of the year. If I get sick or need a day off- I don't get paid- they will dock my pay. I work for a major stock exchange, I just can't believe they can do this! It's so dissapointing, and so wring- I'm being penalized for having a baby.
Also, it would be the same if someone was in an accident- they would have to use all their personal time before they get any STD payments. Except there's no time limit on accidents- it's when your doc approves you to return to work, so they could be out months and still be covered by STD. However, having a baby only is covered 6 weeks vaginal, 8 weeks c/s.
I'm meeting with HR later today to see if there is any way around this b/c it's complete BS!
What they haven't told you yet is this - if you have any complications before or after the birth and the doctor notes it that you are disabled before you give birth or still disabled due to complications after the 6 or 8 weeks, you will be entitled to more STD. But ONLY if you are actually disabled for some kind of complications.
Also, and I just called insurance to confirm, yes you can be required to take all of your time, but you are by law entitled to STD. If you take personal or vacation days from the first day you are out, you can STILL collect STD on top of that. However, if you are taking SICK time or if your company pays you Maternity Leave pay, then no, you can't collect STD on top of that, and in that case your company will request from them reimbursement for the amount ($170/week) you would have been getting.
So, regardless, fill out your STD forms and send them in. In NY you are covered for STD.
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| Posted 11/4/09 3:27 PM |
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shiv
Twinsanity!!
Member since 5/07 4747 total posts
Name:
Shiv
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Re: OMG I hate my company!
Posted by LoveyQ
What they haven't told you yet is this - if you have any complications before or after the birth and the doctor notes it that you are disabled before you give birth or still disabled due to complications after the 6 or 8 weeks, you will be entitled to more STD. But ONLY if you are actually disabled for some kind of complications.
So, regardless, fill out your STD forms and send them in. In NY you are covered for STD.
Yes, I am aware that the STD would be extended if medically necessary- but that's not my grip. My grip is that they are taking all my personal time away because I'm disabled- it's so wrong. They leave me unpaid for 6 weeks and than no personal or sick time to take for the rest of the year!
I did not realize that about NY STD, I will get the forms- thanks!
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| Posted 11/4/09 3:31 PM |
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4PsInaPod
My Loves <3
Member since 7/07 10079 total posts
Name:
D
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Re: OMG I hate my company!
that is TOTAL BS b/c you EARNED that time off!!!!!!! I can understand them not letting you use the days you haven't accrued yet, like my company but that's BS that you can't take your vacation/sick days!!!!!!!!!!!!!
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| Posted 11/4/09 3:41 PM |
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CrankyPants
I'm cranky
Member since 7/06 18178 total posts
Name:
Mama Cranky
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Re: OMG I hate my company!
I am so sorry
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| Posted 11/4/09 3:43 PM |
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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
Name:
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Re: OMG I hate my company!
Posted by shiv
Posted by LoveyQ
What they haven't told you yet is this - if you have any complications before or after the birth and the doctor notes it that you are disabled before you give birth or still disabled due to complications after the 6 or 8 weeks, you will be entitled to more STD. But ONLY if you are actually disabled for some kind of complications.
So, regardless, fill out your STD forms and send them in. In NY you are covered for STD.
Yes, I am aware that the STD would be extended if medically necessary- but that's not my grip. My grip is that they are taking all my personal time away because I'm disabled- it's so wrong. They leave me unpaid for 6 weeks and than no personal or sick time to take for the rest of the year!
I did not realize that about NY STD, I will get the forms- thanks!
Yeah, it sucks that you have to take all your days, but unfortunately that part is based on each company's policy. The "good" part about it is that you will receive pay during your time off instead of having to take all that time unpaid, KWIM? I thought your issue was that they were trying to make you use all your time BEFORE getting STD meaning that you wouldn't receive that extra pay (at least that's what I got from your first post) so I just wanted to make it clear that they can't do that... but they can make you take all your time after your weeks of STD and before you take any time as unpaid. Sorry
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| Posted 11/4/09 8:48 PM |
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shiv
Twinsanity!!
Member since 5/07 4747 total posts
Name:
Shiv
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
bump!
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| Posted 11/13/09 3:42 PM |
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
Good for you! You should be proud of yourself!
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| Posted 11/13/09 3:44 PM |
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4PsInaPod
My Loves <3
Member since 7/07 10079 total posts
Name:
D
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
 
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| Posted 11/13/09 4:09 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
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| Posted 11/13/09 4:11 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
I'm so glad it worked out.
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| Posted 11/13/09 4:22 PM |
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MrsScott
So in Love
Member since 1/09 3356 total posts
Name:
Shawna
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
I am so happy you spoke up and they changed the policy back
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| Posted 11/13/09 9:44 PM |
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pms520
LIF Infant
Member since 2/08 275 total posts
Name:
M
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
so glad that worked out for you!!!
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| Posted 11/13/09 10:44 PM |
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lala01
LIF Toddler
Member since 11/08 433 total posts
Name:
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
good for you for speaking up!!!!
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| Posted 11/14/09 6:54 AM |
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skinny
3 boys and a princess!
Member since 11/08 8178 total posts
Name:
Momma
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Re: OMG I hate my company!- UPDATE: They changed the policy back!
Wow----that's great! What a relief!
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| Posted 11/14/09 7:43 AM |
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